Alexander v. Commonwealth

Jon Douglas ALEXANDER, Appellant, v. COMMONWEALTH of Virginia, Appellee.

Court of Appeals of Virginia

Decided June 29, 1999.

Court of Appeals of Virginia · decided 1999-06-29

Relies on 28 Va. App. 771 - Alexander v. Commonwealth

Decided 1999-06-29

¶1Robert B. Armstrong, Fairfax, for appellant.

¶2Donald E. Jeffrey, III, Assistant Attorney General (Mark L. Earley, Attorney General, on brief), for appellee.

¶3Present: FITZPATRICK, C.J., and BENTON, COLEMAN, WILLIS, ELDER, ANNUNZIATA, BUMGARDNER, LEMONS and FRANK, JJ.

¶4

UPON A REHEARING EN BANC

¶5Upon a rehearing en banc, the stay of this Court's January 12, 1999 mandate is lifted, the judgment of the trial court is reversed and the case is remanded, for the reasons stated by the majority of a panel of this Court in Alexander v. Commonwealth, 28 Va.App. 771, 508 S.E.2d 912 (1999).

¶6Chief Judge Fitzpatrick and Judge Bumgardner dissent for the reasons set forth in the panel's dissenting opinion.

¶7This order shall be published and certified to the trial court.